Graymail
Encyclopedia
Graymail is the threatened revelation of state secrets
in order to manipulate legal proceedings. It is distinct from blackmail
, which may include threats of revelation against, and manipulation of, any private individual. Graymail is used as a defense tactic, forcing the government to drop a case to avoid revealing national secrets.
Graymail can occur in two ways:
In the United States
, the Classified Information Procedures Act
of 1980, also known as the Graymail Law, was designed to counter the second tactic above by allowing judges to review classified material in secret, so that the prosecution can proceed without fear of publicly disclosing sensitive intelligence.
Classified information
Classified information is sensitive information to which access is restricted by law or regulation to particular groups of persons. A formal security clearance is required to handle classified documents or access classified data. The clearance process requires a satisfactory background investigation...
in order to manipulate legal proceedings. It is distinct from blackmail
Blackmail
In common usage, blackmail is a crime involving threats to reveal substantially true or false information about a person to the public, a family member, or associates unless a demand is met. It may be defined as coercion involving threats of physical harm, threat of criminal prosecution, or threats...
, which may include threats of revelation against, and manipulation of, any private individual. Graymail is used as a defense tactic, forcing the government to drop a case to avoid revealing national secrets.
Graymail can occur in two ways:
- To straightforwardly blackmail the government, forcing them to drop the case using the threat that if the trial proceeds the defendant will reveal classified information he or she already knows.
- To request use of classified material, e.g. as evidence, in the trial. The defendant speculates that the government will be unwilling to make the material fully available to the case, and that this will raise the possibility, in the eyes of the judge or jury, that the unreleased material might clear the defendant, making it difficult to prove guilt.
In the United States
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
, the Classified Information Procedures Act
Classified Information Procedures Act
The Classified Information Procedures Act or , is codified as the third appendix to Title18 of the U.S. Code, the title concerning crimes and criminal procedures. The U.S. Code citation is .-Legislative Revision History:...
of 1980, also known as the Graymail Law, was designed to counter the second tactic above by allowing judges to review classified material in secret, so that the prosecution can proceed without fear of publicly disclosing sensitive intelligence.
Examples
- John D. Cline was a defense attorney for Oliver NorthOliver NorthOliver Laurence North is a retired U.S. Marine Corps officer, political commentator, host of War Stories with Oliver North on Fox News Channel, a military historian, and a New York Times best-selling author....
and successfully used graymail to dismiss the most serious charges against North in the Iran-Contra AffairIran-Contra AffairThe Iran–Contra affair , also referred to as Irangate, Contragate or Iran-Contra-Gate, was a political scandal in the United States that came to light in November 1986. During the Reagan administration, senior Reagan administration officials and President Reagan secretly facilitated the sale of...
. Among his detractors, Cline is known as a graymail specialist. Cline was more recently hired by Lewis LibbyLewis LibbyI. Lewis "Scooter" Libby is a former adviser to Vice President Dick Cheney, later disbarred and convicted of a felony....
's defense team, and requested more than 10 months of the President's Daily BriefPresident's Daily BriefThe President's Daily Brief , sometimes incorrectly referred to as the President's Daily Briefing or the President's Daily Bulletin, is a top-secret document produced each morning for the President of the United States...
). In spite of this, Libby was found guilty on four of the five charges. - Katharine GunKatharine GunKatharine Teresa Gun is a former translator for Government Communications Headquarters , a British intelligence agency...
was a translator for Government Communications HeadquartersGovernment Communications HeadquartersThe Government Communications Headquarters is a British intelligence agency responsible for providing signals intelligence and information assurance to the UK government and armed forces...
, a BritishGovernment of the United KingdomHer Majesty's Government is the central government of the United Kingdom of Great Britain and Northern Ireland. The Government is led by the Prime Minister, who selects all the remaining Ministers...
intelligence agencyIntelligence agencyAn intelligence agency is a governmental agency that is devoted to information gathering for purposes of national security and defence. Means of information gathering may include espionage, communication interception, cryptanalysis, cooperation with other institutions, and evaluation of public...
. In 2003, she became publicly known for leaking top-secret information to the press concerning alleged illegal activities by the United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
in their push for the 2003 invasion of Iraq2003 invasion of IraqThe 2003 invasion of Iraq , was the start of the conflict known as the Iraq War, or Operation Iraqi Freedom, in which a combined force of troops from the United States, the United Kingdom, Australia and Poland invaded Iraq and toppled the regime of Saddam Hussein in 21 days of major combat operations...
. She was charged under section 1 of the Official Secrets Act 1989Official Secrets Act 1989The Official Secrets Act 1989 is an Act of the Parliament of the United Kingdom. It repeals and replaces section 2 of the Official Secrets Act 1911. It is said to have removed the public interest defence created by that section....
, but the case was dropped when the prosecution declined to offer evidence.
External links
- Crimes of War > September 11 by Edward Burling, Professor of International Law & Diplomacy, Crimes of War Project, December 7, 2001
- Graymail definition (Archived 2009-10-31) MSN Encarta
- Cheney 'Authorized' Libby to Leak Classified Information by Murray WaasMurray WaasMurray S. Waas is an American freelance investigative journalist known most recently for his coverage of the White House planning for the 2003 invasion of Iraq and ensuing controversies and American political scandals such as the Plame affair...
, National Journal, February 9, 2006 - Transcript of CEPA Hearing in U.S. v. Lewis Libby (3 February 2006).